Section 24-507. VENDING BUSINESS LICENSE: DENIAL, SUSPENSION, REVOCATION AND SEIZURE

 

507.1The DCRA Director may revoke or suspend a Vending Business License, or deny an application for the issuance or renewal of a Vending Business License, for any of the following:

 

(a)Fraud, misrepresentation, or false statements contained in the license  application;

 

(b)Fraud, misrepresentation, or false statements made in connection with the  selling of any product, service, or merchandise, as determined by the  DCRA Director, or the misrepresentation or adulteration of food, as  determined by the DOH Director;

 

(c)Violation of any District law or regulation governing the operation of the  vending business, including, but not limited to:

 

(1)The possession or sale of counterfeit merchandise; or

 

(2)The offering for sale of illegal goods, substances, or services;

 

(d)The vendor is vending at a location other than the vendor’s assigned  Vending Location;

 

(e)Violations of the Clean Hands Certification requirements;

 

(f)Fraud committed against the District government, such as failure to pay  required sales and use taxes, or attempting to transfer a Vending Business  License, Vending Site Permit, or a Mobile Roadway Vending Site Permit  to another person in violation of §§ 502.5, 510.4, and 514.3, respectively;

 

(g)The vendor is found to have committed the same violation of the  following sections of this chapter six (6) or more times in a continuous  twelve (12) month period:

 

(1)§§ 544 through 554;

 

(2)§§ 556 through 568; or

 

(3)§ 571; or

 

(h)The vendor is found to have violated § 555 of this chapter.

 

507.2The DCRA Director may summarily suspend and seize a Vending Business License, without prior notice to the vendor or an opportunity to be heard, for:

 

(a)The possession, sale, or offering for sale of counterfeit merchandise;

 

(b)The sale of adulterated food, as the term is defined in § 9901 of Subtitle A  of Title 25 of the DCMR, when a determination is made by the DOH  Director that the food is adulterated;

 

(c)Failure to provide all required certificates of authority upon demand by an  authorized District government official;

 

(d)Any activity or condition that constitutes a threat to the public health or  safety, including the health or safety of the vendor; or

 

(e)Failure to pay fines assessed by the Office of Administrative Hearings for  violations of Subtitle A of Title 25 of the DCMR issued by DOH.

 

507.3Except for a summary suspension or seizure pursuant to § 507.2, upon the suspension or revocation of a vendor’s Vending Business License under this section, the DCRA Director shall provide the vendor with written notice of that action and of the vendor’s right to appeal to the Office of Administrative Hearings.

 

507.4If a person’s Vending Business License is summarily suspended pursuant to         § 507.2, or pursuant to DCMR Title 25, Subtitle A, § 4409 by the DOH Director for Food Code violations, or if a person’s application for initial issuance or renewal of a license is denied, the person may appeal the summary suspension or denial to the Office of Administrative Hearings.

 

507.5A notice issued by the DCRA Director under this section shall be mailed by first-class U.S. mail. If the notice establishes a specific date for a hearing, the notice shall be mailed at least ten (10) business days prior to the date of the hearing.

 

507.6Upon revocation or suspension, including summary suspension, of a person’s Vending Business License, the DCRA Director may immediately seize the person’s Vending Business License and Vending Site Permit.

 

507.7A vendor shall surrender his or her Vending Business License and Vending Site Permit within seven (7) days from the date of the receipt of the notice in § 507.5.

 

507.8If a person’s Vending Business License is revoked or suspended (including summarily suspended) under this section, the DCRA Director shall provide notice of the revocation or suspension to the Office of Tax and Revenue, DDOT, MPD, and, if the business holds a Class A License, to DOH.

 

507.9If a person’s Vending Business License is summarily suspended or seized pursuant to § 507.2(e) and in accordance with DCMR Title 25, Subtitle A, § 4714, the DOH Director shall provide notice of the summary suspension or seizure to DCRA, the Office of Tax and Revenue, DDOT, and MPD.

 

authority

Sections 5 and 18 of Mayor-Commissioner Regulation No. 74-39, effective December 13, 1974 (21 DCR 1285), as amended by the Vendors Regulation Amendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293), Reorganization Plan No. 1 of 1986, effective August 21, 1986, the Vending Regulation Act of 2009, effective October 22, 2009 (D.C. Law 18-71; 56 DCR 6619), and Mayor’s Order 2010-91, dated May 27, 2010; Sections 101(b), 2002(b), and 2 of the Omnibus Regulatory Reform Amendment Act of 1998, effective April 29, 1998 (D.C. Law 12-86; D.C. Official Code §§ 47-2851.04(c)(1), 47-2851.05(d), and 47-2851.12 (2005 Repl. & 2012 Supp.)); Sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.04 and 2-1801.05 (2007 Repl. & 2012 Supp.)); and Mayor’s Order 86-38, dated March 4, 1986.

source

Regulation No. 74-39 (21 DCR 1285 (December 23, 1974)); as amended by § 2 of the Vendors RegulationAmendments Act of 1978, effective June 30, 1978 (D.C. Law 2-82; 24 DCR 9293 (May 5, 1978)); as amended by Final Rulemaking published at 31 DCR 4935 (October 5, 1984); as amended by Final Rulemaking published at 60 DCR 13055 (September 20, 2013).